Escaping my signal hell with Orange

gjchester

catswhiskers4 wrote: »

Perhaps you can find out what arguements they used to get Orange to cancel the contract?

The OP said

TMelt wrote: »

I want to get an iPhone with Tesco but can't really afford two sets of line rental

The issue does not really come down to the signal, bad as it may be, the OP has put up with it for 15 months, it's a simple case of wanting something else and trying to get out of a contract. If it was better and has got worse there may be a case but it seems to be the same due to the OP's comments.

Gareth.Smyth wrote:

If somebody is offering a mobile service, then the reasonable person expects to be able to use it on the move without significant inconvenience.

I agree, but then by the same comment you do by it's nature expect some inconvenience where there is an area of poor / no signal.

If the OP lives in a 50's / 60's home , when concrete and rebar were common as a construction method then all that stops a radio signal, and it would not be reasonable to expect a signal would not be attenuated by such construction.

Similarly maybe the OP lives in a brick house but a block of flats has just been built between him and the mast that's causing the signal issue. It would be unreasonable to expect Orange in this case to put in a mast due to the effects of that building. You may have a case against the buildings constructors for depriving you of signal but not orange, its an event out of their control.

The nature of the service means it's impossible to guarantee coverage and the OP simply happens to be in a black spot.

It would not be reasonable to expect a signal in all locations at all times. For exactly those reasons no mobile company guarantees coverage indoors, they have no control over the effects of construction materials.

Gareth.Smyth wrote:

If your argument were to be put forward by the service provider to the courts, then the response from the consumer would be such that the contract has been frustrated, as the service provider cannot carry out its obligations through no fault of either party; it is impossible to perform the contract and hence the doctrine of frustration, accordingly the consumer would be discharged from further performance in any event.

Possibly however the phone and service can be used in many location, just not the home location. The airtime agreement will clearly state they do not guarantee coverage in all locations and certainly not indoors, and unfortunately the OP's home is one such location. The service provider is allowing the customer to use the network everywhere else.

It's not stated how bad the reception is, is it just in the home / the street/ village / town. If it's a wider area the OP may have a claim, if it's just his home then that's not going to fly.

I can't see how the UCT act can be used to support a cancellation in this case. The mobile company has stated in terms and conditions the service cannot be guaranteed in all places, the OP *should* have read and understood the T&C on taking out the contract. There's nothing unfair about it, it's a fact of life for a radio system.

The biggest problem is that the entire argument is weakened by the fact if this was unreasonable to the OP then why have they put up with it for the past 15 months. Nothing has changed recently other than the OP now wants an Phone on a different network and does not want to pay two lots of line rental.

The OP needs to pay off the contract or see it out.

Gareth.Smyth

gjchester wrote: »

The OP said



The issue does not really come down to the signal, bad as it may be, the OP has put up with it for 15 months, it's a simple case of wanting something else and trying to get out of a contract. If it was better and has got worse there may be a case but it seems to be the same due to the OP's comments.



I agree, but then by the same comment you do by it's nature expect some inconvenience where there is an area of poor / no signal.

If the OP lives in a 50's / 60's home , when concrete and rebar were common as a construction method then all that stops a radio signal, and it would not be reasonable to expect a signal would not be attenuated by such construction.

Similarly maybe the OP lives in a brick house but a block of flats has just been built between him and the mast that's causing the signal issue. It would be unreasonable to expect Orange in this case to put in a mast due to the effects of that building. You may have a case against the buildings constructors for depriving you of signal but not orange, its an event out of their control.

The nature of the service means it's impossible to guarantee coverage and the OP simply happens to be in a black spot.

It would not be reasonable to expect a signal in all locations at all times. For exactly those reasons no mobile company guarantees coverage indoors, they have no control over the effects of construction materials.



Possibly however the phone and service can be used in many location, just not the home location. The airtime agreement will clearly state they do not guarantee coverage in all locations and certainly not indoors, and unfortunately the OP's home is one such location. The service provider is allowing the customer to use the network everywhere else.

It's not stated how bad the reception is, is it just in the home / the street/ village / town. If it's a wider area the OP may have a claim, if it's just his home then that's not going to fly.

I can't see how the UCT act can be used to support a cancellation in this case. The mobile company has stated in terms and conditions the service cannot be guaranteed in all places, the OP *should* have read and understood the T&C on taking out the contract. There's nothing unfair about it, it's a fact of life for a radio system.

The biggest problem is that the entire argument is weakened by the fact if this was unreasonable to the OP then why have they put up with it for the past 15 months. Nothing has changed recently other than the OP now wants an Phone on a different network and does not want to pay two lots of line rental.

The OP needs to pay off the contract or see it out.

[FONT=&quot]It is somewhat futile responding to you on this issue. Not everything is black and white. Sometimes people need to think outside of the box. Just because a set of circumstances have been communicated on a forum, does not immediately suggest that the service provider in question have the same information, in which case, it would be relatively easy to get out of the contract from personal and successful experience.

Your comments relating to UCTA suggest you are inexperienced with the law in this area. UCTA makes any term such as the one we both refer to void, as it is deemed by law unfair, irrespective of whether it has been read or not.

You suggest that any extenuating circumstances, Orange cannot be held responsible for. This is the precise reason for the doctrine of frustration; otherwise, one may sue for specific performance of the contract.[/FONT]

TMelt

Thanks again for your advice guys. I don't know if this helps my case at all but I did check Orange's signal coverage on their website and I am supposed to have excellent coverage in both 2G and 3G which is frankly a joke. At best I'll get 3 bars of 2G but I never ever get 3G at home or work.

But I do see your point, I have put up with it for 15 months and as much as it really bugged me I could get by with it but now I've switched work (which is also supposed to have excellent coverage incidentally) and don't get signal there either I pretty much spend the majority of my life paying fairly steep line rental but getting no signal to show for it. I'm not really expecting them to just tear up my contract and let me go for free but if I can negotiate a cheap release from contract or at least go down onto a very cheap tariff for the remaining 3 months I'll be a lot happier.

gjchester

TMelt wrote: »

Thanks again for your advice guys. I don't know if this helps my case at all but I did check Orange's signal coverage on their website and I am supposed to have excellent coverage in both 2G and 3G which is frankly a joke. At best I'll get 3 bars of 2G but I never ever get 3G at home or work.

But I do see your point, I have put up with it for 15 months and as much as it really bugged me I could get by with it but now I've switched work (which is also supposed to have excellent coverage incidentally) and don't get signal there either I pretty much spend the majority of my life paying fairly steep line rental but getting no signal to show for it. I'm not really expecting them to just tear up my contract and let me go for free but if I can negotiate a cheap release from contract or at least go down onto a very cheap tariff for the remaining 3 months I'll be a lot happier.

unfortunatly you'll not get much off, you signed up for 18 months so are liable for the 18 months.

Have you tried your SIM in another phone, it could be a phone issue rather than a network issue. It may also be worth asking friends on Orange to try at your house to narrow down if it's a phone or network issue.

TMelt

Definitely not a phone problem; my brother, his girlfriend and my mum are all on Orange and signal is terrible for all of us here